BOS/Halifax

[joemay]

OH has been making token payments £1.00 to Halifax for 6 months, CAB sent I&E originally. DN was received in February I believe the dates are out, DN was dated 18th February, areas to be paid before 4 March, I make that only 13 days. Didn't keep the envelope so not sure if it was 1st or 2nd class:evil:

 

He has now received a letter from Blair Oliver & Scott requesting full amount. Can someone tell me are BOS in-house collectors for Halifax? Is it likely that the agreement has been cancelled or not?

 

We are sending a letter to BOS, as ideally we want to carry on the token payments. Are BOS likely to freeze the interest and charges (Halifax did but have noticed on this months statement they have added them on). In the letter to OH they have mentioned door-to-door collectors, so in our response we have politely requested that due to OH health condition, which they should already know about as Halifax have all the details, that they should not send any. Haven't used the brilliant template letter on here yet, thought we'd go in slowly slowly.

 

Is it likely that Halifax would have cancelled the agreement, as OH has not received any letter from them saying they have done. In BOS letter they say they are acting on behalf of their client, so is it likely that they haven't. Not really sure how to play this:?

[Fred Bassett]

OH has been making token payments £1.00 to Halifax for 6 months, CAB sent I&E originally. DN was received in February I believe the dates are out, DN was dated 18th February, areas to be paid before 4 March, I make that only 13 days. Didn't keep the envelope so not sure if it was 1st or 2nd class:evil:

 

He has now received a letter from Blair Oliver & Scott requesting full amount. Can someone tell me are BOS in-house collectors for Halifax? Is it likely that the agreement has been cancelled or not?

 

We are sending a letter to BOS, as ideally we want to carry on the token payments. Are BOS likely to freeze the interest and charges (Halifax did but have noticed on this months statement they have added them on). In the letter to OH they have mentioned door-to-door collectors, so in our response we have politely requested that due to OH health condition, which they should already know about as Halifax have all the details, that they should not send any. Haven't used the brilliant template letter on here yet, thought we'd go in slowly slowly.

 

Is it likely that Halifax would have cancelled the agreement, as OH has not received any letter from them saying they have done. In BOS letter they say they are acting on behalf of their client, so is it likely that they haven't. Not really sure how to play this:?

 

Hi joemay,

 

Blair Oliver and Scott are the in-house debt collectors for Halifax/BoS. This is standard tactics for them - trying to get blood out of a stone.

 

Personally, I would send the CCA request and then see what happens. Don't let them frighten you - you can't pay what you don't have. They know this and try to put the frighteners on but believe me, they wouldn't want this to go anywhere near a court.

 

Don't correspond with them in any way other than in writing. If they ring, just tell them that you don't want to discuss it.

 

It might not seem like it, but you are in control of this so don't be worried by anything.

 

Regards.

 

Fred

[joemay]

Hi Fred, Thanks for the quick response.

 

Do you think we should just set up the standing order of £1.00, OH doesn't want it to appear that he's not willing to pay. I know if they come back saying they can't locate the CCA then he can stop paying as the account would then be in dispute.

[Fred Bassett]

Hi Fred, Thanks for the quick response.

 

Do you think we should just set up the standing order of £1.00, OH doesn't want it to appear that he's not willing to pay. I know if they come back saying they can't locate the CCA then he can stop paying as the account would then be in dispute.

 

Hi joemay,

 

In the very unlikely event that they should ever take you to court, the fact that you have been paying them will go in your favour, so for the time being, I would pay them. After that, you should wait and see what their response is.

 

Regards.

 

Fred

[lilly white]

Please Do Not Take Any Notice Of The Letters You Have Received

From Blair Oliver And Scott

 

Just Keep Paying Your Token Amount To Halifax As They Are The Same.

 

Let Wait To See What Comes Back From Your Cca Request

 

Enjoy The Rest Of The Evening

 

 

Lilly White

[joemay]

Thanks for the responses. I will send the cca, I assume it should go to BOS, if not please let me know.

 

One thing that does bother us is the fact that Halifax have now started adding interest, after they had agreed to freeze interest and charges, unfortunately the balance is currently over £12,000 so the interest being added is over £200 this month alone:eek:, it would take us 20 months to just pay of one months interest, it's madness Is there anything I can do to get them to freeze the interest again.

[Fred Bassett]

Thanks for the responses. I will send the cca, I assume it should go to BOS, if not please let me know.

 

One thing that does bother us is the fact that Halifax have now started adding interest, after they had agreed to freeze interest and charges, unfortunately the balance is currently over £12,000 so the interest being added is over £200 this month alone:eek:, it would take us 20 months to just pay of one months interest, it's madness Is there anything I can do to get them to freeze the interest again.

 

Hi joemay,

 

Once again, this is standard Halifax tactics. There is not much you can do about the interest at the moment. Just wait and see what the CCA turns up. Keep us all posted.

 

Regards.

 

Fred

[joemay]

Thanks Fred, I'll get the CCA out on Monday - Should I send it to BOS?

[Fred Bassett]

Thanks Fred, I'll get the CCA out on Monday - Should I send it to BOS?

 

Well technically, BoS have to respond, but in this case I would send it to the Halifax. It is probably best to send it by recorded delivery. Once you get the results, scan them up here (remove personal details and barcodes etc.), then see what the result is.

 

Regards.

 

Fred

[joemay]

OK i'll send to Halifax, once I get response I'll scan and post. Thanks again:D

[Fred Bassett]

OK i'll send to Halifax, once I get response I'll scan and post. Thanks again:D

 

You're welcome joemay and good luck.

 

Regards.

 

Fred

[joemay]

Hi,

 

Halifax have sent a copy of OH's application form with A4 print out of current T&C's - see here http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/202042-halifax-cca-enforceable.html

 

OH has mental health issues, and has started receiveing daily text messages to call Blair Oliver & Scott, I have also received the same texts addressed to him.

 

I am going to send the letter that cyberusalert has kindly posted on the other thread, but what I'm wondering is, is it worth pointing out that OH has health problems, has no property or means to settle this debt, and we have no idea when or if he will be able to work again and whether they would consider writing off the debt, (I know it's a long shot but worth a try). If anyone could assist with a paragraph to that affect, I would be grateful.

 

One other point to mention is he is paying Halifax £1 per month by standing order.

[surprise]

If your OH has mental health problems and it is possible to get a report from your GP/Consultant then write to the Halifax and ask for the debt to be written off on the gounds of medical issues.

 

I have been down the same route with Capital one for my daughter, whilst they were willing to write the debt off on receipt of a medical report they would not do it without one.

[joemay]

Thanks for that surprise and well done with getting them to write off your daughters debt.

 

OH's care worker has written a letter to them explaining his situation, so I may follow up with a letter asking them to consider writing off the debt, you never know they may go for it considering that they have only produced an application form without the prescribed terms.

[joemay]

As Halifax have only sent an application form without the prescribed terms should OH just send the standard letter informing BOS that the application form is not an enforceable cca?

 

Was contemplating sending letter requesting them to write off the debt, but would that not just be playing into their hands.

 

Not sure which way to go!

 

Thanks

[diddydicky]

even if it was sent on 18th february first class they would have had to give you to 6th march to giv e you 14 calendar days so it is (at least) 2 days out not one

[diddydicky]

you have a defective DN. my advice would be to keep quiet and do not reply to any letters

 

what you WANT is a notice of termination or failing that more than one letter demanding the payment of the full balance which will amount to termination

 

once you have confirmation of termination of the account all you will owe them is the arrears that were oustanding at the time terminated(unlawfully rescinded) the agreement and they are then barred from claiming the remainder of the account!

[diddydicky]

as soon as you get ANY letter from them or their agents or solicitors demanding the FULL balance of the account then you must STOP making any payments at all

 

(the idea is that if they have terminated the agreement (which will be an unlawful rescission of the agreement by virtue of the defective DN) then you must not do or say anything that might be seen as acknowledging that the agreement still exists

 

the idea is that you ACCEPT their unlawful rescission of the contract.

[diddydicky]

read the thread

 

"the tale of a defective DN"

[joemay]

Hi Guys,

 

I have a dilema - OH is a little reluctant to challenge BOS/Halifax due to his ill health, i'm happy to do all the work but he doesn't feel comfortable with it at present.

 

So here's the dilema, do I write to halifax asking them to consider writing off the debt (in excess of £11k) considering his dire financial and mental health situation (he has tried to take his life on 2 occassions) and if I do and they flately refuse, can we still challenge the agreement considering that they have only sent him an application without PTs. Obviously I will head the letter without prejudice so that if it should ever go to court they would not be able to produce it.

 

Any comments/suggestions would be gratefully received.

[diddydicky]

Hi Guys,

 

I have a dilema - OH is a little reluctant to challenge BOS/Halifax due to his ill health, i'm happy to do all the work but he doesn't feel comfortable with it at present.

 

So here's the dilema, do I write to halifax asking them to consider writing off the debt (in excess of £11k) considering his dire financial and mental health situation (he has tried to take his life on 2 occassions) and if I do and they flately refuse, can we still challenge the agreement considering that they have only sent him an application without PTs. Obviously I will head the letter without prejudice so that if it should ever go to court they would not be able to produce it.

 

Any comments/suggestions would be gratefully received.

 

can u post the agreement up for us to look at without the persona; details

[joemay]

Hi diddydicky,

 

Thanks for your previous posts. The agreement is in another thread here.

[spartathisis]

Why couldnt I have had one of those CCa's? They managed to find mine from 21yrs ago looks nothing like yours and is valid:(

[lilly white]

well the game is 11000 pounds.

 

so they will not give that away however as it stands they will not be able to enforce.

 

so what to do many caggers have this they will suggest that they will win in court but they would.

 

you could take them to court and may win.

 

if i may suggest you read this letter.

 

thanks to pt

 

 

Simple

 

 

Dear Sir or Madam,

 

In respect of the credit agreement you have disclosed on the XXXXXXX 2009

 

After seeking legal advice from a Consumer Credit Law specialist i can comment as follows.

 

The agreement you disclosed is improperly executed, it is not compliant primarily with s61(1) Consumer Credit Act 1974 and the consequences are that as it stands the agreement is unenforceable and requires an order of the court pursuant to section 65(1) CCA 1974 to be remedy this problem. you are invited to make such an application for the said order.

 

Upon such an application i will rely upon the following points

 

The agreement is a fixed sum credit agreement, the rate of interest under the agreement is fixed for the term of the loan, there are no items entering into the charge for credit which are likely to be subject to change or variation therefore the agreement requires a term stating the Total Charge for credit with or without a list of its constituent parts, the agreement does not contain this term and therefore breaches Regulation 2 and Schedule 1 Para 9 Consumer Credit Agreement Regulations 1983.

 

The agreement must as a consequence of para 9, also include a term stating the total amount payable, again this agreement does not contain such information and therefore the agreement also breaches Reg 2 and Schedule 1 para 11 Consumer Credit Agreement Regulations 1983 and therefore the agreement does not comply with the regulations made by the secretary of state under the powers given by s60(1) of the 1974 Act and accordingly the agreement doesn ot comply with the strict requirements of s61(1)(a) Consumer Credit Act nor did it comply with s61(1) © Consumer Credit Act 1974

 

These breachs are clearly prejudicial to me as on entering into the agreement i was not givne the informatiuon that the Consumer Credit Act required to be made clear, i was not aware of the true cost of borrowing.

 

I would further highlight that Lloyds TSB subscribes to the Banking Code, as a requiremento f the code, they are required to lend responsibly and they clearly have failed in their duty under the code

 

my contention is that the court should not make an enforcement order, my authority for this contention would primarily be the case of Wlaker v SPPL in the Chester High Court before HHJ Derek Halbert. however if the court were minded to make an order for enforcement my argument would fall directly upon Rank Xerox Finance Limited vs Hepple CCLR 1994 1 and in this case the court taking into account a single breach of schedule 1 Agrement Regs reduced the amount of debt from £5000 to £500 to compensate the debtor for the prejudice caused

 

in view of this and in view of the fact you require an order from the court to enforce this agreement as clearly set out within the act, and the House of Lords in Wilson and First County Trust 2003 UKHL 40, i would invite your proposals to settle my dispute. i would also advise that i am informed that , i am able to apply to the court to consider this matter pursuant to section 142(1) CCA 1974 if no suitable agreement can be met.

 

however i trust this will not be necessary

 

I look forward to your settlement proposals

 

regards

have a read and see what you think

 

EDIT TO SUIT

Edited July 10, 2009 by lilly white
forgot to put link

[joemay]

Thanks lilly white, but I'm a little confused with the letter, would it still be relevant as OH's isn't a loan agreement but a Credit Card?

 

I wouldn't be confident in them writing the amount off, but you never know - what i need to know is would we be putting OH in to the sticky stuff by sending a letter asking for them to consider write off.

 

It would be great to know if anyone has asked for creditor to write debt off then after refusal, have they managed to challenge the CCA and what was the outcome.

 

I look forward to your responses as I don't want OH to end up in the sticky stuff:D

Edited July 11, 2009 by joemay